HomeMy WebLinkAboutOrdinances (O-00-1232)-09/05/2000
ORDINANCE 0-00-1232
AN ORDINANCE AUTHORIZING PRIVATE STREETS AND ENTRANCE
GATES FOR SHAll MAR ADDITION AND VACATING THE RIGHT-OF-WAY
OF SHAll MAR COURT; PROVIDING FOR A PENALTY FOR VIOLATIONS
AND AUTHORIZING PUBLICATION
WHEREAS, an application for private streets and entrance gates for the
Shalimar Addition was filed by John Dees on June 16, 2000, under
Case Number P-00-050; and
WHEREAS, Chapter 10 of the Colleyville Land Development Code establishes
procedures and requirements for the consideration of requests for
private streets and entrance gates; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was sent to real property owners within 200 feet of the property
herein described at least 10 days before such hearing; and
WHEREAS, as a home rule municipal corporation, the City of Colleyville has the
power to close and abandon public roadways; and
WHEREAS, the City Council of the City of Colleyville deems it is in the best
interest of the residents of the City to close and abandon the
Shalimar streets and associated drainage structures within the city
limits of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT the request for private streets and entrance gates for the
Shalimar Addition is hereby approved, subject to the following
conditions:
1. ABANDONMENT OF STREETS
a. Shalimar Court and its associated drainage structures, as
specifically described in Exhibit A, attached hereto, is hereby
closed and abandoned as a public roadway to the Shalimar
Homeowners Association.
b. The unnamed street stub and its associated drainage
structures located on the west side of Shalimar Court, as
specifically described in Exhibit B, attached hereto, is hereby
closed and abandoned as a public right-of-way equally to the
adjacent lots.
Ordinance 0-00-1232
Page 2 of 6
2. EASEMENTS AND RIGHT OF ACCESS
a. The abandoned right-of-way for Shalimar Court, described in
Exhibit A, is specifically retained as an access, drainage and
utility easement, and as a public access easement between
John McCain Road and the Cottonbelt Trail.
b. All water lines and sanitary sewer lines shall remain
dedicated to the City.
c. Any governmental or public utility entities, including the City,
shall have the right at all times of ingress and egress to and
from and upon the access, drainage and utility easements in
the Shalimar Addition for the purpose of construction,
reconstruction, inspection, patrolling, maintaining, and
adding to or removing all or part of its respective systems, or
any purpose related to the exercise of a governmental
service or function, including but not limited to, fire and police
protection, inspection and code enforcement, and
maintenance of City utilities or franchise utility infrastructure.
3. ENTRY GATES AND PEDESTRIAN ACCESS
a. Entry gates shall be installed in general accordance with the
locations shown in Exhibit C. The entry gates shall include
an Opticom system with Knox box backup system, or other
system approved by the Fire Chief, for emergency vehicle
use.
b. A pedestrian access gate shall be provided at the entry to
the development. This pedestrian access gate shall be
unsecured and open at all times to provide public access for
the Cottonbelt Trail system.
4. GENERAL CONDITIONS
a. The abandoned right-of-way of Shalimar Court, described in
Exhibit A, shall be owned as a single separate parcel by the
Homeowners Association. Said right-of-way shall not be
transferred to individual lot owners in the Addition.
Ordinance 0-00-1232
Page 3 of 6
b. The abandoned right-of-way of the unnamed street stub,
described in Exhibit B, may be incorporated in the adjacent
lots upon approval of a subdivision plat by the City. The
abandoned right-of-way shall be split equally between the
two adjacent lots.
c. The landowners and any subsequent owners of lots (the "Lot
Owners"), jointly and severally, shall be responsible and
liable for the construction, operation and maintenance of any
private common areas or facilities in the Shalimar Addition
(the "Addition"), including but not limited to private streets,
private entrance gates or structures, private walls and
fences, private pedestrian access, private storm drainage
systems, private lake, private open space and landscaping,
and emergency access.
d. The City of Colleyville, Texas (the City) shall not be
responsible for maintaining any of the aforementioned
private common areas or facilities. The City will maintain
only the public water and sewer systems in utility easements
accepted by the City.
e. The HOA, lot owners, and landowners shall not seek
maintenance from the City except for the aforementioned
public water and sewer systems in utility easements
accepted by the City.
f. The HOA shall establish a reserve fund for the maintenance
and reconstruction of the private streets, drainage facilities
and related appurtenances. The reserve fund shall be
accounted for separately from other funds maintained for
annual operating expenses of the association in order to
better demonstrate that the amounts deposited therein are
intended for capital improvements. The HOA shall, no later
than January 31 st of each year, submit to the City a copy of
the reserve fund statement for the preceding calendar year.
The annual contribution to the reserve fund shall be a
minimum of $75.00 per lot, or as otherwise determined by
the City Council. The City shall have authority to inspect all
streets, drainage facilities, and related appurtenances on a
periodic basis to determine the need for repairs to these
capital facilities. The City requires that the HOA employ an
engineering firm to estimate the cost of replacement based
on inflation, original design and construction and the age of
the facilities. The HOA shall repair all drainage and street
facilities when instructed to do so by the City, subject to
Ordinance 0-00-1232
Page 4 of 6
appeal to the City Council. Failure by the HOA to make
repairs to streets or drainage facilities which impact drainage
up or downstream from the development may result in the
completion of needed repairs by the City with an assessment
of all costs plus interest accrued from the time the City
installs the improvements until all funds are collected. HOA
documents must detail this City authority and shall not be
amended without City approval.
g. Except for private storm drainage systems, private streets
and related entrance gates or structures that are approved
by the City, no buildings, fences, structures, trees, shrubs, or
other improvements or growths shall be constructed or
placed upon, or across said public utility easements. Any
public utility entity, including the City, shall have the right to
remove and keep removed all or parts of any buildings,
fences, structures, trees, shrubs, or other improvements or
growths which may in any way endanger or interfere with its
respective systems within said utility easements.
h. The City shall have the right at all times to remove and keep
removed any vehicle or obstacle that impairs emergency
access in the emergency access easements shown herein.
I. If the HOA or lot owners fail to maintain reliable access to
any public utility or governmental entities for purposes stated
hereinabove, the City may enter the Addition and remove
any entrance gate or structure which is a barrier to access at
the sole expense of the HOA or lot owners on a pro-rata
share formula.
J. The construction, reconstruction or repair of any private
streets within the Addition must meet the approval of the City
Engineer and comply with the specifications of the City for
public streets at the time of construction, reconstruction or
repair. The construction, reconstruction or repair of any
entrance gate and structure for the Addition must meet the
approval of the Engineering Department and Fire
Department of the City.
k. The installation or replacement of all traffic regulatory signs
along the private streets must conform to the Texas Manual
of Uniform Traffic Control Devices.
Sec. 2.
Sec. 3.
Ordinance 0-00-1232
Page 5 of 6
I. The HOA and lot owners agree to release, indemnify, defend
and hold harmless the City, its officers, agents, licensees,
servants and employees, from and against any and all
claims or suits for property damage or loss and/or personal
injury, including death, to any and all persons, of whatsoever
kind of character, whether real or asserted, arising out of or
in connection with, directly or indirectly: a) the reasonable
use of the private streets, emergency access, utility
easements, entrance gate or structure by the City, its
officers, agents, licensees, servants and employees; b) the
condition of the private streets, private entrance gates or
structures, private walls and fences, private pedestrian
access, private storm drainage systems and emergency
access; or c) any use of the Addition by the City, its officers,
agents, licensees, servants and employees for any purpose
stated hereinabove, whether or not caused, in whole or in
part, by alleged negligence of officers, agents, servants,
employees, contractors, subcontractors, licensees or
invitees of the City. The HOA shall be responsible for
carrying liability insurance to meet the requirements in this
paragraph.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Zoning Ordinance of the
City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2,000.00). Each and every day such violation
continues shall constitute a separate offense and shall be
punishable as such.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as
an alternate method of publication provided by law.
AND IT IS SO ORDERED.
~::t reading and public hearing being conducted on the JStb day of
l' ,2000.
Th s cond reading and public hearing being conducted on the ~ day of
,2000.
ATTEST:
J(k~Rl~~
City Secretary
APPROVED A TO FORM AND LEGALITY:
,
I
~
Ross . Fo ter
City Attorney
Ordinance 0-00-1232
Page 6 of6
CITY OF COLLEYVILLE:
~~
Mayor
Exhibit A - Shalimar Court
lao'
I
rI'"
I
"
ti
::::J't
()~
\.J~'
~ . I
~~
(J~'tI "-
<C'f ~ t1-.'
't\.i . ~
~.......' \)
~.~ I ~
...... i:)
st '
::I
'0
,
~
~
.
~
on
I
I
'00 ~'x)
-- "
Exhibit A - Shalimar Court
BEING a 3.2422 acre tract of land out of the H. Hughes Survey, Abstract NO.656,
Tarrant County, Texas, and being a part of Shalimar Addition an addition to the
City of Colleyville, Texas, as recorded in Cabinet A, Slide 3974 of the Deed
Records of Tarrant County, Texas, said tract being more particularly described
as follows:
BEGINNING at a point for a corner in the east right-of-way line of Shalimar Court
(100 feet wide) said point being southerly 82.84 feet from the south right-of-way
line of John McCain Road (variable width), said point also being in the west line
of Lot 1, Block 1, of the above said Shalimar Addition, said point being in a
circular curve to the left having a radius of 60.00 feet;
THENCE Southwesterly to Southeasterly, and continuing along the above said
east line of Shalimar Court, through a central angle of 41 0 24' 35", a chord
bearing of S 200 21' 30" W, an arc distance of 43.36 feet to the point of tangency;
THENCE S 00 20' 48" E, continuing along the above said east line of Shalimar
Court, 1329.63 feet to the beginning of a circular curve to the right having a
radius of 50.00 feet;
THENCE Southeasterly to Northwesterly, continuing along the above said east
line of Shalimar Court and to the west right-of-way line of Shalimar Court,
through a central angle of 1800 00' 00", a chord bearing of S 890 39' 12" W, an
arc distance of 157.08 feet to the point of tangency;
THENCE N 0020' 48" W, along the above said west line of Shalimar Court,
1329.63 feet to the beginning of a circular curve to the left having a radius of
60.00 feet;
THENCE Northwesterly, continuing along the above said west line of Shalimar
Court and with above said circular curve to the left through a central angle of 41 0
24' 35", a chord bearing of N 210 03' 06" W, an arc distance of 43.36 feet to a
point for a corner;
THENCE N 890 39' 12" E, 130.00 feet to the POINT OF BEGINNING and
CONTAINING 141,233 square feet or 3.2422 acres of land.
Exhibit B - Unnamed Street Stub
......
~
.. .If
24,
~
IQ
"
..
~
Ii
~
~
"i
BEING a 0.2045 acre tract of land out of the H. Hughes Survey, Abstract NO.656, Tarrant County,
Texas, and being a part of Shalimar Addition an addition to the City of Colleyville, Texas, as
recorded in Cabinet A, Slide 3974 of the Deed Records of Tarrant County, Texas, said tract being
more particularly described as follows:
BEGINNING at a point for a corner in the west right-of-way line of Shalimar Court (100 feet wide)
said point being southerly 755.88 feet from the south right-of-way line of John McCain Road
(variable width), said point also being the southeast corner of Lot 25, Block 1 of the above said
Shalimar Addition;
THENCE S 00 20' 48" E, along the projected west line of Shalimar Court, 50.00 feet to a point for
a corner, said point being the northeast corner of Lot 24 of above said Shalimar Addition;
THENCE S 890 39' 12" W, along the north line of above said Lot 24, 178.18 feet to a point for a
corner in the east line of a tract of land as conveyed to Joe V. Tirk, as recorded in Volume 4487,
Page 994 of the Deed Records of Tarrant County, Texas, said point also being the northwest
corner of said Lot 24;
THENCE N 00 20' 48" W, along the above said east line of the Tirk tract, 50.00 feet to a point for
a corner, said point being the southwest corner of above referenced Lot 25 of Shalimar Addition;
THENCE N 890 39' 12" E, along the south line of above said Lot 25 of Shalimar Addition, 178.18
feet to the POINT OF BEGINNING and CONTAINING 8,909 square feet or 0.2045 acres of land.
Exhibit C - Location of Entrance Gates
Of/STING WROUGHf
iRaN & MASONRY
fENCE:
JOHN McCAIN ROAD
""
\
\
GArE
CONTROLLER .&
HOuSING
I
I
I
1
I
I
I
I
T
(
I
\
- - ..-...-........-...-----.... .--_."..._--~--_.__._...,_._--_.~_..._...._,..--,-~---~.~._.._-y._--..,--------~--